For announcement of the referral see DTI press notice P/2000/701
7 September 2000
Interbrew/Bass acquisition referred to the Competition Commission
Terms of Reference
Whereas it appears to the Secretary of State that it is or may be the
fact that a merger situation qualifying for investigation, as defined
in section 64(8) of the Fair Trading Act 1973 ("the Act"), has
been created in that:
- enterprises carried on by or under the control of Interbrew SA have
within the four months preceding the date of reference ceased to be
distinct from enterprises carried on by or under the control of Bass
PLC ( a body corporate incorporated in the United Kingdom); and
- the value of the assets taken over exceeds 70 million.
Whereas the said arrangements result in a concentration with a Community
dimension within the meaning of Council Regulation (EEC) no 4064/89 of
21 December 1989 on the control of concentrations between undertakings
("the Regulation"); and
Whereas the Commission of the European Communities has, pursuant to Article
9(3)(b) of the Regulation, referred the case to the competent authorities
of the United Kingdom.
Now, therefore, the Secretary of State, in exercise of his powers under
sections 64 and 69(1), (2) and (4) of the Act hereby refers tot he Competition
Commission ("the Commission"), for investigation and report
within a period ending on 6 December 2000, the following questions:
- whether a merger situation qualifying for investigation has been created
as a result of the matter described in paragraph (a) above; and
- if so, whether the creation of that situation operates, or may be
expected to operate, against the public interest.
In relation to the question in paragraph (i) above the Commission shall
exclude from consideration one of the paragraphs (a) and (b) of section
64(1) of the Act if they find the other satisfied.
In relation to the question in paragraph (ii) above, the Commission shall
limit their consideration to such elements in, or possible consequences
of, the creation of that situation which relate to the production and
supply of beer in the United Kingdom.
Current Inquiries
|
